Sears Bank & Trust Co. v. Holmstad, Inc.

PRESIDING JUSTICE McGLOON

delivered the opinion of the court:

Defendant, The Holmstad, Inc., appeals from an order granting plaintiff’s motion for summary judgment and ordering the return of part of the entry fee paid by plaintiff’s decedent upon entering a life-care facility. On appeal, defendant contends that in the absence of a clause specifically providing for a refund in the event of a resident’s death, no refund can be ordered.

We affirm.

On December 28, 1979, Ruth Kiesow and defendant, The Holmstad, Inc., a life-care facility, entered into a continuing care contract. Pursuant to the…